Blacks Law Dict. 1st ed

GENERATIO

537

GENERAL STATUTE

"by, through, or under" the grantor or his heirs, it is called a "special warranty." GENERALE. The usual commons in a religious house, distinguished from pietan tice, which on extraordinary occasions were allowed beyond the commons. Cowell. Generate dictum generaliter est inter pretandum. A general expression is to be interpreted generally. 8 Coke, 116a. Generate nib.il certum implicat. A general expression implies nothing certain. 2 Coke, 34&. A general recital in a deed has not the effect of an estoppel. Best, Ev. p. 408, § 370. Generate tantum valet in generalibus, quantum singulare in singulis. What is general is of as much force among general things as what is particular is among things particular. 11 Coke, 596. Generalia prsecedunt, specialia se quuntur. Things general precede, things special follow. Eeg. Brev.; Branch, Princ. Generalia specialibus non derogant. Jenk. Cent. 120, cited L. R. 4 Exch. 226. General words do not derogate from special. Generalia sr -t prseponenda singulari bus. Branch, t J rmc. General things are to precede particular things. Generalia verba sunt generaliter in telligenda. General words are to be under stood generally, or in a general sense. 3 Inst. 76; Broom, Max. 647. Generalibus specialia derogant. Spe cial things take from generals. Halk. Lat. Max. 51. Generalis clausula non porrigitur ad ea quse antea specialiter sunt compre hensa. A general clause does not extend to those things which are previously provid ed for specially. 8 Coke, 1546. Theiefore, wheie a deed at the first contains special words, and afterwards concludes in general words, both words, as well general as special, shall stand. Generalis regula generaliter est intel ligenda. A general rule is to be understood generally. 6 Coke, 65. GENERALS OF ORDERS. Chiefs of the several orders of monks, friars, and other religious societies. GENERATIO. The issue or offspring of a mother-monastery. Cowell.

GENERAL STATUTE. A statute re lating to the whole community, or concern ing all persons generally, as distinguished from a private or special statute. 4 Coke, 75a; 1 Bl. Comm. 85, 86. GENERAL TAIL. An estate tail where one parent only is specified, whence the issue must be derived, as to A. and the heirs of his body. GENERAL TENANCY. A tenancy which is not fixed and made certain in point of duration by the agreement of the parties. 22 Ind. 122. GENERAL TERM. A phrase used in some jurisdictions to denote the ordinary ses sion of a court, for the trial and determina tion of causes, as distinguished fiom a special term, for the hearing of motions or argu ments or the despatch of various kinds of formal business, or the trial of a special list or class of cases. Or it may denote a sitting of the court in bane. GENERAL TRAVERSE. One preced ed by a general inducement, and denying in general terms all that is last before alleged on the opposite side, instead of pursuing the words of the allegations which it denies. Gould, PI. vii. 5. GENERAL USAGE. One which pre vails generally throughout the country, or is followed generally by a given profession or trade, and is not local in its nature or ob servance. GENERAL VERDICT. A verdict whereby the jury find either for the plaintiff or for the defendant in general terms; the or dinary form of a verdict; distinguished from a special verdict, (q. v.) GENERAL WARRANT. A process which formerly issued from the state secre tary's office in England to take up (without naming any persons) the author, printei, and publisher of such obscene and seditious libels as were specified in it. It was declared ille gal and void for uncertainty by a vote of the house of commons on the 22d April, 1766. Wharton. GENERAL WARRANTY. The name of a covenant of warranty inserted in deeds, by which the grantor binds himself, his heirs, etc., to "warrant and forever defend" to the grantee, his heirs, etc., the title thereby con veyed, against the lawful claims of all per sons whatsoever. Where the warranty is only against the claims of persons claiming

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